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FILE #17-3918 17 April 2017 Page 4 of 9 recommending approval for variances from the literol provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code, Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The lot width and area variances requested are consistent with the general intent of the Ordinance. The requested average lakeshore setback variances is in harmony with the Ordinance as the lake views enjoyed by the adjacent neighbors will not be impacted by the new home. The lake setback and hardcover variances are reasonable and necessary as the highest points of the property for construction of the home above the 1% annual chance floodplain are located toward the lake. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for construction of a single family residence in a residential zone are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of portions of the proposed home lakeward of the average lakeshore setback appears to be reasonable as the owners of the adjacent properties have stated that they are not adversely impacted; the existing tree stands, proposed landscape plan and curved shoreline create separation of the subject property from the adjacent neighbors. b. There are circumstances unique to the property not created by the landowner; The presence of the 1% annual chance floodplain on the property creates increased difficulties in locating a conforming building location. The new house will be properly elevated out of the floodplain. The sub -standard size of the Property was not the result of actions by the landowner. The neighboring homes are oriented toward the lake away from the subject property; and c. The variance will not alter the essential character of the locality. The lot area and width variances will not alter the character of the neighborhood; a home previously existed on the property. It does not appear that the requested variance to permit portions of the new home and terraces lakeward of the average lakeshore setback will adversely impact views of the lake currently enjoyed by the adjacent property owners. The lake setback and hardcover variances are reasonable and necessary as the highest points of the property for construction of the home above the 1% annual chance floodplain are located toward the lake. The hardcover is mitigated by the proposed landscape plan for the property.